PRINTER'S NO. 641
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
696
Session of
2023
INTRODUCED BY MARCELL, TOMLINSON, CIRESI, GILLEN, JAMES,
B. MILLER, NEILSON AND ROWE, MARCH 24, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in theft and related offenses,
providing for the offense of theft of mail.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3936. Theft of mail.
(a) Movable property.--A person is guilty of the offense of
theft of mail if the person unlawfully takes, or exercises
unlawful control over, mail of another person with intent to
deprive the other person of mail.
(b) Receiving stolen mail.--A person is guilty of the
offense of theft of mail if the person intentionally receives,
retains or disposes of mail of another person knowing the mail
has been stolen, or believing that the mail has probably been
stolen, unless the mail is received, retained or disposed with
the intent to restore the mail to the other person.
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(c) Grading.--
(1) An offense under this section constitutes the
following:
(i) A misdemeanor of the third degree if the
contents of the mail has a value of less than $50.
(ii) A misdemeanor of the second degree if the
contents of the mail has a value of less than $50 and the
offense is a second offense.
(iii) A misdemeanor of the first degree if the
contents of the mail has a value of $50 or more and the
offense is a first or second offense.
(iv) A felony of the third degree if the offense is
a third or subsequent offense, regardless of the value of
the contents of the mail.
(v) A felony of the third degree if the contents of
the mail has a value of more than $1,000.
(vi) A felony of the second degree if the contents
of the mail contain a firearm.
(2) The value of the contents of mail involved in an
offense under this section during a scheme or course of
conduct, whether from the same residence or establishment or
multiple residences or establishments, may be aggregated in
determining the grade of the offense under paragraph (1).
(d) Calculation of prior offenses.--For the purposes of this
section, in determining whether an offense is a first, second,
third or subsequent offense, the court shall include a
conviction, acceptance of Accelerated Rehabilitative Disposition
or other form of preliminary disposition, occurring before the
sentencing on the present violation, for an offense under this
section, an offense substantially similar to an offense under
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this section or under the prior laws of this Commonwealth or a
similar offense under the statutes of any other state or of the
United States.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Mail." A letter, package, bag, mail or item of value sent
or delivered through a private or commercial interstate carrier,
including, but not limited to, the United States Postal Service,
FedEx Corporation and United Parcel Service.
"Receive." To acquire possession of, control of or title to
or lend on the security of property.
Section 2. This act shall take effect in 60 days.
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